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Second Regular Session

Sixty-first General Assembly

LLS NO. R98­0728.01 JAP

STATE OF COLORADO




BY REPRESENTATIVE Dean

EDUCATION

HOUSE JOINT RESOLUTION 98-1008


WHEREAS, Section 2 of article IX of the Colorado Constitution requires the General Assembly to provide for the establishment and maintenance of a thorough and uniform system of free public schools throughout the state; and

WHEREAS, The school buildings in several school districts throughout the state are old and in need of significant repair; and

WHEREAS, Under current law the primary source of funding for capital construction projects by school districts is local property tax; and

WHEREAS, The amount and value of real property varies widely among the school districts in the state, thereby creating great disparities in the amount of property tax moneys that can be raised by each school district for capital construction; and

WHEREAS, It has been alleged in Giardino, et al. v. Colorado State Board of Education, et al., Case No. 98CV0246, Denver District Court, filed on January 13, 1998, that the current statutory system for assessing and collecting property tax for school districts and for financing public schools violates the constitutional requirement of providing a uniform system of free public schools throughout the state and other constitutional provisions; now, therefore,

Be It Resolved by the House of Representatives of the Sixty­first General Assembly of the State of Colorado, the Senate concurring herein:

(1)  That there shall be created an interim committee to work through the 1998 interim to study the feasibility of establishing in statute an interest­free loan program to assist school districts in funding capital development projects. In studying this issue, the interim committee shall consider, but is not limited to, the following:

(a)  Eligibility requirements for participants in the program;

(b)  The appropriate entity or entities to manage the program;

(c)  Sources of funding for the program;

(d)  The types of projects that would be eligible for funding through the program;

(e)  The responsibilities imposed on and the expectations of the entities participating in the program;

(f)  The criteria for granting loans through the program;

(g)  Mechanisms to ensure repayment of loans granted through the program; and

(h)  Any other necessary issues to design a functional mechanism to assist school districts in obtaining funds for capital construction projects.

(2)  That the interim commission shall consist of ten legislative members. The Speaker of the House of Representatives and the President of the Senate shall appoint the members of the interim committee no later than thirty days after passage of this Resolution, as follows:

(a)  The Speaker of the House of Representatives shall appoint five representatives to serve on the interim committee, one of whom shall be named chair of the committee and no more than three of whom shall be from the same political party. Of the members appointed by the Speaker of the House of Representatives, at least one shall be a member of the House Education Committee, at least one shall be a member of the House Finance Committee, and at least one shall be a member of the Joint Budget Committee.

(b)  The President of the Senate shall appoint five senators to serve on the interim committee, one of whom shall be named vice­chair of the committee and no more than three of whom shall be from the same political party. Of the members appointed by the President of the Senate, at least one shall be a member of the Senate Education Committee, at least one shall be a member of the Senate Finance Committee, and at least one shall be a member of the Joint Budget Committee.

(3)  That the chair and vice­chair of the interim committee, with the assistance of the Legislative Council staff, shall appoint an advisory task force of six members to assist the committee in performing its study. The chair and vice­chair of the interim committee shall each appoint three members. The members appointed shall represent the following groups:

(a)  School district boards of education;

(b)  School district executives;

(c)  Teachers' organizations;

(d)  Parents of children attending public schools; and

(e)  The business community.

(4)  That the interim committee shall make findings and recommendations regarding the issues reviewed in this study, including but not limited to any necessary legislation, and shall submit a written report of the interim committee's findings and recommendations to the Legislative Council no later than October 15, 1998. Legislation recommended by the interim committee shall also be recommended to the Legislative Council no later than October 15, 1998, in accordance with Joint Rule No. 24 (b) (1) (D) of the Joint Rules of the Senate and House of Representatives.

(5)  That the interim committee shall meet at least three times to fulfill its responsibilities in this study.

(6)  That the members of the interim committee shall be compensated in accordance with section 2­2­307, C.R.S., for attendance at meetings of the interim committee and of the advisory task force.

(7)  That the members of the advisory task force shall serve without compensation.

(8)  That the Legislative Council staff and the Office of Legislative Legal Services shall be made available to assist the interim committee in carrying out its duties. All personnel of the Department of Education shall cooperate with the interim committee and with any persons assisting the interim committee, including the advisory task force, in carrying out their duties.

(9)  That all expenditures incurred while conducting this study shall be approved by the chair of the Legislative Council and paid by vouchers and warrants drawn as provided by law from moneys allocated to the Legislative Council for legislative studies from appropriations made by the General Assembly.